1. OBJECT OF THE CONTRACT
1. The lessor (EV Haldus OÜ, registry code 14932612) provides the lessee with a warehouse space (hereinafter ‘mini-warehouse’) located in the Everaus Mini-warehouses warehouse complex (hereinafter ‘ the warehouse’) at Reti tee 5, Peetri, Rae, for its intended use and the lessee undertakes to pay the lessor a fee for the use of the mini-warehouse (hereinafter ‘monthly payment’) pursuant to the conditions laid down in the lease contract (hereinafter ‘the contract’).
2. ENTERING INTO THE CONRACT
2.1. To conclude the contract, the lessee submits an order (hereinafter ‘the order’) on the website www.everausminilaod.ee (hereinafter ‘the website’) and pays the first monthly payment.
2.2. To place the order and pay the first monthly payment, the lessee:
2.2.1. Selects a suitable mini-warehouse online – the availability, size, location in the warehouse, and other parameters and technical specifications of the mini-warehouse are shown online directly by the specific mini-warehouse. The pictures showing the capacity of the mini-warehouse online are illustrative and the layout plans may contain inaccuracies.
2.2.2. Selects a suitable rental period online – the rental period starts from the submission of the order and may be concluded for an indefinite period or a fixed period (1–12 months). The amount of monthly payment (incl. VAT) is indicated online directly by each mini-warehouse.
2.2.3. Reads the contract terms (hereinafter ‘the terms’) published on our website.
2.2.4. Clicks the button ‘Enter details’.
2.2.5. Chooses whether they want to conclude the contract as a private or business customer and enters the required personal and contact details. If the lessee is a private customer, they must provide their first and last name, personal identification code, address, email, and phone number. If the lessee is a business customer, they must enter their business name, registry code, address, email, phone, the first and last name of their representative, and the representative’s personal identification code.
2.2.6. Enters and verifies their phone number in the format +372xxxxxxxx which they will use to gain access to the warehouse. After entering their number and clicking on the button ‘Send SMS with verification code’, the following SMS will be sent to the phone number provided: ‘To validate your phone number, enter the verification code on the screen: [string of numbers].’ The lessee enters the verification code in the field ‘Verification code’ and clicks ‘Verify’ after which the text ‘Verified’ will be displayed on the screen.
2.2.7. Provides other phone numbers in the format +372xxxxxxxx that they wish to use to gain access to the warehouse, also indicating the first and last name of the user of that phone number.
2.2.8. Ticks the appropriate box if they wish to buy a padlock for locking the warehouse. The price of the padlock (including VAT) is presented on the website directly next to the option to make a tick. If the lessee purchases the padlock, an SMS with a locker code will be sent to the lessee which they can use to retrieve the padlock from the parcel machine in the warehouse.
2.2.9. Reviews the order summary.
2.2.10. Ticks the appropriate box to indicate that they agree to the general and data protection terms published on the website. By accepting the general and data protection terms published on the website, the lessee also confirms that they have thoroughly read and fully understand the terms.
2.2.11. Clicks the button ‘Back’ if they wish to change the selected warehouse or rental period, or the button ‘Submit order’ if they wish to continue. By submitting the order, the lessee confirms that they want the delivery of the mini-warehouse to take place within the period of withdrawal laid down in § 56 of the Law of Obligations Act, and agrees that with the delivery of the mini-warehouse they lose the right of withdrawal laid down in subsection 1 of § 56 of the Law of Obligations Act. Submitting an order entails a payment obligation.
2.2.12. Clicks the button ‘Pay via bank link or by credit card’. Selects a suitable payment method, after which the lessee will be redirected to the payment page (bank).
2.2.13. Pays for the first monthly payment and the padlock (if selected).
2.2.14. Clicks the button ‘Back’ or ‘Back to merchant’ at the bank, after which the lessee will be redirected to the order confirmation page ‘Completed’ and the contract is deemed to be concluded. If you do not click ‘Back’ or ‘Back to merchant’, the payment details will not reach the lessor in time.
2.2.15. Downloads the order if desired.
2.3. The lessor sends to the lessee an email detailing the order and the terms.
2.4. The website is/will be published in several languages, but the conclusion of the contract is only possible in Estonian.
3. PAYMENT OF MONTHLY PAYMENT
3.1. Payment of the monthly payment (amount laid down in the order) is a prerequisite for the delivery and use of the mini-warehouse. Payments must be made once a month as an advance payment by the calendar day prior to the starting date of the billing period (except for the first monthly payment which must be made when placing the order). The lessor issues to the lessee the invoice for the monthly payment at least five calendar days before the starting date of the billing period (except for the first monthly payment as the invoice for this is issued after its payment). The monthly payment is considered paid when it has been received in the lessor’s bank account.
3.2. If the lessee fails to pay the monthly payment on time, the lessor has the right to block the lessee’s access to the warehouse, remove the lessee’s padlock from the mini-warehouse, and replace it with their own padlock. In addition, the lessor has the right to demand from the lessee a contractual penalty corresponding to one monthly payment.
3.3. If an order is placed and the first monthly payment is not received within one calendar day, the contract is deemed to be terminated and the order cancelled. If any of the subsequent monthly payments (i.e. not the first) are not paid on time, and two calendar days have passed from the payment deadline, the contract is considered terminated. In both cases, the contract will be terminated automatically and the lessor will not send a separate notification thereof.
3.4. If the monthly payment is paid after the deadline but before the termination of the contract, the lessor will restore the lessee’s access to the warehouse and remove their padlock from the mini-warehouse within 96 hours from the payment of the monthly payment. The lessor has the right to make it a condition that access will be restored and the padlock removed upon the payment of a contractual penalty (clause 3.2) if the lessee has violated their payment obligation on several occasions during the rental period (i.e. caused the removal of access by late payment). The lessor has the right to refuse to restore access and remove the padlock and to terminate the contract and consider the paid monthly payment as a contractual penalty (clause 3.2) if the lessee has violated the payment obligation more than twice during the rental period.
3.5. Upon the termination of contract under clause 3.3 or 3.4, the lessor has the right to vacate the mini-warehouse of any items stored therein and dispose of them without prior assessment of their value, and demand that the lessee reimburse any costs related to vacating and disposing. The lessor is not responsible for the preservation of such property.
3.6. The monthly payment includes VAT and fees for ancillary costs (heating, general electricity, security and cleaning of common areas). The consumption or provision of other services takes place upon prior agreement with the lessor in accordance with the lessor’s price list.
3.7. The lessor has the right to increase the monthly payment by notifying the lessee at least 2 months in advance.
4. DELIVERY OF THE MINI-WAREHOUSE
4.1. Regardless of the validity of the contract, the obligation to deliver and the right to use the warehouse arise no earlier than after the payment of the first monthly payment. For the delivery and use of the mini-warehouse, our system interfaces the phone number(s) entered by the lessee during the order submission process (hereinafter ‘phone number with access permit’) with our warehouse access system and activates access to the lessee. By activating the access, the mini-warehouse is considered to be handed over to the lessee.
4.2. The front door of the warehouse opens by calling the phone number on the front door of the building using the phone number(s) with access permits. For the delivery and use of the mini-warehouse, the lessee ensures the availability of their mobile phone and its compliance with the necessary requirements. The front door of the warehouse closes automatically. The lessee should contact the lessor if they wish to change the phone numbers with access permits.
4.3. It is expected that the mini-warehouse can be used according to its intended purpose (i.e. for storing items) and is warm, clean and lockable with a padlock. If the mini-warehouse does not meet the above requirements, the lessor should be contacted at the latest on the next working day after the mini-warehouse is taken into use.
5. USE OF THE MINI-WAREHOUSE
5.1. Allowed and prohibited items
5.1.1. The mini-warehouse can only be used to store clean (cleaned), dry and odourless items.
5.1.2. Storage of the following items is strictly forbidden: substances harmful to the environment or human health; flammable, radiological or explosive substances (including pressurised foam rubber, polyester, and compressed gas, including aerosols); weapons, ammunition, explosives; toxic substances (arsenic, cyanide, mercury, rat poison, etc.); radioactive substances; corrosive substances; narcotic substances; wood and foam rubber, unless they are part of the furniture to be stored; live animals, birds, fish, etc.
5.2. Permitted and prohibited activities
5.2.1. Storage is allowed only in the mini-warehouse. Storage in the general areas of the warehouse (staircase, corridor, territory, etc.) is prohibited. Placing and displaying advertisements (including a logo or other symbols) outside the mini-warehouse is forbidden. In the case of such violation, the lessor has the right to vacate the general areas of the warehouse of the items (including advertisements) and to dispose of them without prior assessment of their value, and to demand from the lessee the reimbursement of the costs related to vacating and disposing of such items. The lessor is not responsible for the preservation of such property.
5.2.2. The reprocessing, decanting, drying and other such processing of substances is prohibited in the warehouse.
5.2.3. It is prohibited to stay in the warehouse overnight or without purpose, to smoke, drink alcohol or use narcotic substances, and to run technical machinery or equipment with a working motor or engine.
5.2.4. It is prohibited to modify the mini-warehouse in any way, this includes installing shelving brackets, hooks or other such mountings on the walls, floor or ceiling, or to cause other such damage to the property of the lessor. The shelves used in the mini-warehouse must be free-standing without any mountings. The floor capacity on the first floor of the warehouse may not exceed 500 kg/m2 and on the second and third floor 200 kg/m2. The load capacity of the lift is 1,800 kg (max).
5.2.5. It is prohibited to sublease the mini-warehouse. In cases of doubt, the lessor has the right to carry out controls on persons present at the warehouse (including to demand to see their identity documents) and/or block the movement of the lessee or their representatives/companions in the warehouse and on its territory.
5.3. The lessee is obliged to:
5.3.1. use the warehouse and the mini-warehouse according to its intended purpose in a careful and prudent manner, and follow the generally applicable public order, fire safety, public health, security and other such requirements and acts;
5.3.2. ensure that the front door of the warehouse is closed upon entering and leaving to guarantee security, warmth and cleanliness in the warehouse. It is prohibited to place items between the front door or otherwise prevent the automatic closing of the door;
5.3.3. lock the mini-warehouse with a padlock. The lessor ensures the readiness for padlock installation and allows for a padlock to be purchased upon the submission of an order. If the lessee fails to lock the mini-warehouse with a padlock, the lessor has the right to lock the mini-warehouse with their own lock and demand from the lessee the reimbursement of the costs related to the locking of the door;
5.3.4. allow the lessor to check whether the mini-warehouse is used in accordance with the contract;
5.3.5. notify the lessor as soon as possible of any circumstances preventing the use of the warehouse and/or mini-warehouse, and of any event or act that diminishes or destroys the value of the warehouse or mini-warehouse (e.g. accident, fire), or of any risk of the occurrence of such an event or act, immediately taking measures to prevent further damage and eliminate adverse consequences;
5.3.6. ensure that the lessor has access to the mini-warehouse to carry out necessary maintenance and repair works. In cases of no urgency, the lessor notifies the lessee of their wish to carry out such work three calendar days in advance. In the event of an emergency, the lessor has the right to enter the mini-warehouse without giving prior notice to the lessee. In both cases, the lessor has the right to enter the mini-warehouse even if the lessee is not present;
5.3.7. arrange at their own expense the proper management of waste (including sales packaging and packaging waste) and the performance of all the obligations arising from the Packaging Act;
5.3.8. ensure safe movement in the warehouse (including with trolleys), prevent the risk of slipping, falling or colliding with other structures (including the lift) and items of the warehouse.
6. VALIDITY OF CONTRACT
6.1. The contract comes into effect from the moment the order is placed (hereinafter ‘the starting date’) and can be concluded for an indefinite period or for a fixed period (1–12 months) (the rental period is specified in the order). The end date of a fixed-term contract is the date prior to the date corresponding to the starting date of the last month of the rental period. If the end date falls on a month that has no date corresponding to the starting date, the end date is considered to be the date before the last date of that month. In the case of an open-ended contract, the end date of the contract is the date of termination of the contract.
6.2. A fixed-term contract expires at the end of the fixed term, unless the contract is extraordinarily terminated beforehand, the warehouse or mini-warehouse is destroyed or rendered unusable. The lessee does not have the right to terminate the contract early.
6.3. An open-ended contract is terminated upon the standard or extraordinary termination of the contract, or in cases where the warehouse or mini-warehouse is destroyed or rendered unusable. The lessee has the right to terminate an open-ended contract starting from the last calendar day of the billing period. The lessee can effect the standard termination of an open-ended contract by submitting a corresponding formal request online at least 14 days before the last calendar day of the billing period.
6.4. The lessor has the right to extraordinarily terminate both an open-ended and fixed-term contract under clause 3.3 or 3.4. In addition, the lessor has the right to extraordinarily terminate the contract and to not refund the advance payment if the lessee uses the mini-warehouse for other than its intended purpose or otherwise breaches clause 5.
6.5. The lessee vacates the mini-warehouse, cleans it and removes the padlock no later than on the date of expiry of the contract. It is forbidden to leave any items in the mini-warehouse, the warehouse or its territory after the expiry of the contract. In case of violation, clause 5.2.1 applies.
6.6. If the lessee fails to return the mini-warehouse to the lessor without prior agreement, a fixed-term contract is not considered to be extended. To extend a fixed-term contract, the lessee must submit a formal request on our website no later than on the end date of the contract.
7. LIABILITY AND REMEDIES
7.1. In the case of delay in fulfilling the payment obligation, the lessee undertakes to pay interest of 0.05% on the outstanding amount for each day of delay and a contractual penalty in cases specified in the contract. If the lessee violates any obligation other than the payment obligation, the lessor has the right to demand compensation for damage and the payment of a contractual penalty in the amount of up to one monthly payment. The grounds for extraordinary termination of contract arising from breach of obligation are laid down in the contract. The lessee is responsible for all persons who enter the warehouse as their representatives or companions. To guarantee their claims, the lessor is entitled to exercise their right of security with regard to the items belonging to the lessee that are in the mini-warehouse and/or warehouse.
7.2. The lessor is not responsible for damage, loss or destruction of items stored in the mini-warehouse. The risk of preserving the property is borne by the lessee. It is recommended to insure the items stored in the mini-warehouse. The lessor is not responsible for damage caused by persons renting storage space in the warehouse to other persons renting storage space. In such a case, the lessor’s responsibility is limited to providing assistance in determining the party that caused damage to the lessee’s property, i.e. the lessor undertakes to disclose to the injured lessee and/or investigative authority the data necessary for determining the injuring party within the means of their ability and the law.
8. DELIVERY OF INVOICES AND NOTICES
8.1. The lessee confirms that their or their representative’s personal and contact details in the order are correct. The lessee is obliged to notify the lessor immediately of any changes in data.
8.2. The lessor forwards all invoices, notices and other documents to the lessee to the email address provided in the order. All invoices, notices and other documents are considered valid without a digital signature if they have been sent to the email address provided in the order. Any notices or documents sent by email are considered received on the calendar day following the sending of such email. The lessee undertakes to ensure the receipt of emails (including sufficient data volumes and accesses).
9. PROCESSING OF PERSONAL DATA
9.1. The lessor processes personal data in accordance with the personal data terms published on the website.
10. OTHER TERMS
10.1. The lessor has the right to amend the Terms and Conditions unilaterally. In general, the lessor will notify the changes at least 2 months in advance. The lessor has the right to notify the amendments less than 2 months in advance, if the amendment of the Terms and Conditions is not unreasonable for the lessee. The lessee can familiarise themselves with the amended Terms and Conditions on the website or in another way announced by the lessor.
10.2. The lessee does not have the right to transfer their contractual rights and obligations to third parties without the prior written agreement of the lessor.
10.3. The contract shall be governed by the law of the Republic of Estonia. This contract is a lease contract for business premises and not a deposit contract (storage contract) within the meaning of Chapter 45 of the Law of Obligations Act.
10.4. Disputes are resolved through negotiations. If no agreement can be reached, disputes will be resolved in Harju County Court.
10.5. The contract consists of the order (special part) and the terms (general part).